The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1887-10-15

J. =. webb is Sentenced to Twelve
Months Hard Labor and Costs.

At the Supreme Court in term yester-
day, before Mr.. Justice Bickerton,
Joseph s. Webb appeared to receive
sentence. His Honor, prior TO pronounc-
ing the decision, said F.; You are charged
with the embezzlement Of the sum of
$54 of Government money, you being at
the time a Government officer IN the
department of Foreign Affairs to which
you have pleaded guilty. There have
been remarks by counsel on both sides,
as is always customary. Counsel are
always allowed to make what remarks
they think necessary. Accordingly, re-
marks have been made by Mr.. Castle
on your behalf and by the Attorney
General on behalf OF the Crown. It has
been said that certain things might
have been proved for the defense, and
that many things might have been
proved on behalf Of the Crown. The
Court always regards the expression of
Crown officers In regard to sentence, be-
cause they are necessarily better &C
quainted with the circumstances than
the Court is The Court is not supposed
to know anything about them, and does
not know. The Attorney General in
this case has said that he does not ask
for heavy penalty, but has declined to
suggest any. Therefore it remains with
the Court entirely. The Court, as I
said before, simply heard what might or
might not have been proved. But,
however that may be, the bare fact re-
mains that you are guilty-you say you
perform-a sworn duty. am sworn to
take Office and do my duty, and It must
be done, however painful It is a mat
ter Of pain to me to pass sentence on
anyone, and I presume it is to all
Judges. Still, where that duty calls it
must be done, and though it might be
in regard to my most intimate friend,
that must not be allowed to weigh one
iota. If I allowed it to influence me I
should be violating my oath of office.
The circumstances make a great differ
ence in the penalty which the law pro-
Vides. In case other than that of pub
lie money by public officer, in which
the amount involved is more than 500
or less than 800 the penalty must not
be more than one years imprisonment
with hard labor Or fine of $50. In this
case you are liable to hard labor for life,
or for any number of years, or to fine
- {, ~,
bezzled. l take it that the fine de-
scribed in that section applies to cases
where the amount embezzled is such
that five times the amount would be a
substantial punishment. If this had
been plea of guilty to embezzlement OF
three or four hundred dollars, five times
that amount would be substantial and
adequate punishment ASH said before,
it is a painful duty that I have to per-
form in sentencing you-a man who has
held responsible position of trust under
the Government. But, however great
the pain, still it must be done. I can
not shirk it. have given since yester-
day a great deal Of thought and con-
sideration to the matter, as to what
would be my duty, and cannot bring
myself to believe that in imposing fine
Of $270 I should be fulfilling my duty. I
look at in this way. could not con-
sistently send man to jail for six
months for stealing $40, as might be
done in case OF common larceny, whilst
imposing such fine as that for en-
bezzlement. The Attorney General has
not asked for heavy penalty, and I
think that justice will be met by SEN
fencing you to one years hard labor
and costs.